Cardholder Agreement IMPORTANT- PLEASE READ CAREFULLY See Page 13-15 for the fees associated with the use of this Card Account. FOR QUESTIONS OR ASSISTANCE, PLEASE CALL THE CUSTOMER SERVICE NUMBER (1-866-226-1551) PRINTED ON THE BACK OF YOUR PURPOSE VISA® PREPAID CARD. TABLE OF CONTENTS PAGE INTRODUCTION (INCLUDING DEFINITIONS). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 OPENING A CARD ACCOUNT (IDENTIFICATION VERIFICATION). . . . . . . . . . . . . . . . . . . . . 2 BUSINESS DAYS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 ADDRESS OR NAME CHANGES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 AUTHORIZED USERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 SECONDARY CARDHOLDER. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 ACTIVATION/REGISTRATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 PERSONAL IDENTIFICATION NUMBER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 CASH ACCESS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 LOADING YOUR CARD ACCOUNT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 USING YOUR CARD AND VIRTUAL ACCOUNT/LIMITATIONS. . . . . . . . . . . . . . . . . . . . . . . . . 4 VIRTUAL ACCOUNT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 OPTIONAL OVERDRAFT PROTECTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 PREAUTHORIZED DEBITS AND CREDITS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 FRAUDULENT OR CRIMINAL CARD ACCOUNT AND VIRTUAL ACCOUNT ACTIVITY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 RETURNS AND REFUNDS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 TABLE OF CONTENTS PAGE CARD REPLACEMENT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 TRANSACTIONS MADE IN FOREIGN CURRENCIES AND/OR FOREIGN COUNTRIES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 RECEIPTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 CARD ACCOUNT BALANCE/ PERIODIC STATEMENTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 CONFIDENTIALITY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 OUR LIABILITY FOR FAILURE TO COMPLETE TRANSACTIONS. . . . . . . . . . . . . . . . . . . . . . . 9 INFORMATION ABOUT YOUR RIGHT TO DISPUTE ERRORS. . . . . . . . . . . . . . . . . . . . . . . . . 10 LOST OR STOLEN CARDS/UNAUTHORIZED TRANSFERS. . . . . . . . . . . . . . . . . . . . . . . . . . . 10 MISCELLANEOUS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 AMENDMENT AND CANCELLATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 DELIVERY OF ELECTRONIC COMMUNICATIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 CUSTOMER SERVICE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 TELEPHONE MONITORING/RECORDING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 NO WARRANTY REGARDING GOODS AND SERVICES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 ARBITRATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 FEE SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-15 1 INTRODUCTION Terms and Conditions/Definitions for the Purpose Visa Prepaid Card This document constitutes the agreement (“Agreement”) outlining the terms and conditions under which the Purpose Visa Prepaid Card and the Purpose Visa Virtual Account have been issued by MetaBank™. “Card Account” means the records we maintain to account for the transactions made with your Card or Virtual Account. “Account Number” means the 14-digit number used to identify your Card Account. “Card” means the Purpose Visa Prepaid Card issued to you by MetaBank. “Card Number” is the 16-digit number embossed on your Card. “Virtual Account” means a temporary access device issued to you by MetaBank that you may elect to obtain to access your Card Account for telephone or online transactions, without needing to present your Card. “Issuer,”“we,”“us,” and “our” means MetaBank, Member FDIC. “NetSpend” refers to NetSpend Corporation, the servicer for the Purpose Visa Prepaid Card program and Purpose Visa Virtual Account program, and its successors, affiliates, or assignees. Any request for a Card or Virtual Account will be processed by NetSpend, acting on behalf of the Issuer, at its offices located in Austin, Texas. NetSpend is an Independent Sales Organization pursuant to an agreement with the Issuer. “You,”“your,”“Cardholder,” and “Primary Cardholder,” refers to the person who submits an initial request for the Card and is authorized to use the Card as provided for in this Agreement. “Secondary Cardholder” refers to the person or persons who have received the Card at the request of the Primary Cardholder and are authorized to use the Card as provided for in this Agreement. In order to become a Cardholder, you must be an individual who can lawfully enter into and form contracts under applicable law in the state in which you reside. Unless it would be inconsistent to do so, words and phrases used in this Agreement should be construed so that the singular includes the plural and the plural includes the singular. You acknowledge and agree that the value available in your Card Account is limited to the funds that you have loaded into your Card Account or have been loaded into your Card Account on your behalf. By accepting and using your Card or Virtual Account, you agree to be bound by the terms and conditions contained in this Agreement. You and any Secondary Cardholder(s) agree to sign the back of each respective Card(s) immediately upon receipt. The expiration date of your Card is identified on the front of the Card. The expiration date of any Virtual Account you have requested is described below in the section labeled “Virtual Account.” The Card is a prepaid card. The Card is not a gift card, nor is it intended to be used for gifting purposes. The Card is not a credit card. The Card is not for resale. You are the direct beneficiary of the funds loaded to your Card Account. The funds in your Card Account will be FDIC insured upon receipt by the Issuer, provided your Card is registered with us (for more information, see the section labeled “Activation/Registration”). You will not receive any interest on your funds in your Card Account. The Card will remain the property of the Issuer and must be surrendered upon demand. The Card and Virtual Account are nontransferable and may be canceled, repossessed, or revoked at any time without prior notice subject to applicable law. The Card and Virtual Account are not designed for business use, and we may close your Card Account if we determine that it is being used for business purposes. We may refuse to process any transaction that we believe may violate the terms of this Agreement. Your Card Account does not constitute a checking or savings account and is not connected in any way to any other account, except as described in the section labeled “Virtual Account” or as may otherwise be indicated in any other account agreements you have entered into with us. Write down your Card Number and the Customer Service phone number provided in this Agreement on a separate piece of paper in case your Card is lost, stolen, or destroyed. Keep the paper in a safe place. Please read this Agreement carefully and keep it for future reference. OPENING A Card Account (Identification Verification) Important information for opening a Card Account: To help the federal government fight the funding of terrorism and money laundering activities, the USA PATRIOT Act requires all financial institutions and their third party service providers to obtain, verify, and record information that identifies each person who opens a Card Account. What this means for you: When you open a Card Account, we will ask for your name, street address, date of birth, and other information that will allow us to identify you. We may also ask to see a copy of your driver’s license or other identifying documents. The same identification verification requirements apply to each Secondary Cardholder, if any are designated by you. 2 Business Days For purposes of these disclosures, our business days are Monday through Friday, excluding federal holidays. Any references to “days” found in this Agreement are calendar days unless indicated otherwise. Address or Name Changes You are responsible for notifying us of any change in your physical address, mailing address, email address, text message address, or your name, no later than two (2) weeks after said change. Any notice of change of address or name required by this Agreement may be provided to us via email at [email protected], by telephone at 1-866-226-1551, or by mail to: NetSpend, P.O. Box 2136, Austin, TX 78768-2136. We will attempt to communicate with you only by use of the most recent contact information you have provided to us. You agree that any notice or communication sent to you at an address noted in our records shall be effective unless we have received an address change notice from you. Authorized Users You are responsible for all authorized transactions initiated and fees incurred by use of your Card Account. If you permit another person to have access to your Card, Virtual Account, Card Number or Personal Identification Number (“PIN”), we will treat this as if you have authorized such use and you will be liable for all transactions and fees incurred by those persons. You must notify us to revoke permission for any person you previously authorized to use your Card, Virtual Account, Card Number or PIN. If you notify us to cancel another person’s use of your Card, Virtual Account, Card Number or PIN, we may close your Card Account and issue a new Card to you with a different number. You are wholly responsible for the use of the Card Account according to the terms and conditions of this Agreement. Secondary Cardholder You may request an additional Card for a Secondary Cardholder. The maximum number of such additional Cards is two (2). You must notify us to revoke permission for any Secondary Cardholder you previously authorized to use the Card. If you notify us to revoke the Secondary Cardholder’s use of the Card, we may close your Card Account and issue a new Card to you with a different number. You remain liable for any and all use of any additional Card(s) you authorize. Activation/Registration Both the Primary Cardholder and Secondary Cardholder must activate and register a Card before it can be used. Your Card Account may not have full functionality (e.g., no international transactions and no Account-to-Account transfers), nor will you be able to access Card Account funds exceeding the dollar value established by either federal regulations and/or the Issuer (the “Excess Funds”) or reload your Card Account until your Card has been successfully registered. You may activate and register your Card by calling 1-866-226-1551 or by visiting www. gowithpurpose.com. You will need to provide personal information in order for us to verify your identity and the identity of any Secondary Cardholder. If we cannot successfully complete the activation/registration process, you will be entitled to receipt of any Excess Funds remaining in the Card Account by way of a paper check, for which the Check Request Fee, disclosed in the section labeled, “Fee Schedule,” will be waived. We may, from time-to-time offer other no-cost methods through which Excess Funds can be made available to you. Personal Identification Number You will receive a PIN when you register your Card. A PIN can be used to obtain cash (see section labeled “Cash Access”) or to make purchases at any Point-of-Sale (“POS”) device that bears the Visa®, Plus®, or PULSE® acceptance mark. You should not write or keep your PIN with your Card. Never share your PIN with anyone. When entering your PIN, be sure it cannot be observed by others and do not enter your PIN into any terminal that appears to be modified or suspicious. If you believe that anyone has gained unauthorized access to your PIN, including a Secondary Cardholder, you should advise us immediately by following the procedures described in the section labeled “Your Liability for Unauthorized Transfers.” 3 To register your Card, see the section labeled “Activation/Registration.” Cash Access With your PIN, you may use your Card to obtain cash from any Automated Teller Machine (“ATM”) or any POS device, as permissible by a Merchant, bearing the Visa®, Plus®, or PULSE® acceptance mark. ATM transactions are treated as cash withdrawal transactions. Any cash withdrawn from an ATM terminal, POS device or through a participating bank or NetSpend Reload Network location (an “Over-the-Counter Cash Withdrawal”) will be subject to the limitations set forth in the section below labeled “Using Your Card and Virtual Account/Limitations”). Cash withdrawals may also be subject to terms and varying limits established at the ATM owner or location operator’s discretion. Such terms and limits should be prominently posted at the location. A fee may be associated with the use of your Card to obtain cash. For information about the fee, see the section labeled “Fee Schedule.” Loading Your Card ACCOUNT Once we are able to confirm your identity in accordance with the requirements described above in the section labeled, “Opening a Card Account (Identification Verification,” you may add funds to your Card Account, called “value loading,” at any time, subject to the limitations described below. Your initial value load must be at least $20.00. The minimum dollar value of any subsequent value loads will be subject to the terms established by the individual reload location (see (a) in the following paragraph). The maximum cumulative amount of value loads is described in the “Limitations on dollar amounts of transfers” paragraph of the section labeled, “Using Your Card and Virtual Account/Limitations.”The calculation of this maximum amount will take into consideration all similar transactions made with any other Card Account(s) you may have with us, whether you are a Primary Cardholder or a Secondary Cardholder. You may value load your Card Account: (a) using in-store cash value load transactions conducted through any member of the NetSpend Reload Network (see below in this section for more information about the network); (b) by arranging to have all or a portion of your paycheck, government benefits payment, tax refund check, or other electronic funds transfer direct deposited to your Card Account using the Automated Clearing House (“ACH”) system (“Direct Deposit” or “ACH Deposit”). In order to receive Direct Deposit value loads you must provide each of your payment providers with Issuer’s routing number and your assigned Account Number (see below for details about routing information); and (c) by arranging for the transfer of funds originating from: (i) a financial institution located in the United States; (ii) another Cardholder; and/or (iii) another Card Account. There may be fees associated with these methods of value loading. For information about the fees, see the section labeled “Fee Schedule.” IMPORTANT: If you wish to receive Direct Deposits to this Card Account from, for instance, the employer of another member of your household, or U.S. Department of Treasury payments (including joint tax refunds), you must add a Card to this Card Account in the name of that household member. There is a $4.95 cost for an additional Card for a Secondary Cardholder. For information about the fee, see the section labeled “Fee Schedule.” Personal checks, cashiers’ checks, and money orders sent to the Issuer are not acceptable forms of value loading. All checks and money orders sent to the Issuer for Card Account loading will be returned unless your Card Account has a negative balance at the time such check or money order is received, in which case the Issuer may in its discretion choose to apply the check or money order proceeds to the negative balance owed. A NetSpend Reload Network Location Finder service is available by visiting www.loadnetspend.com; by enrolling in and using our Anytime Alerts™ short message service (typically referred to as an “SMS” message); or by calling 1-866-226-1551. Using Your Card and Virtual Account/Limitations Card Account Access: Subject to the limitations set forth in this Agreement, you may use your Card to (1) withdraw cash from your Card Account (see section labeled “Cash Access”); (2) load funds to your Card Account (see section labeled “Loading Your Card Account”); (3) transfer funds between your Card Accounts whenever you request; (4) transfer funds from your Card Account to another NetSpend cardholder account (both (3) and (4) may be referred to as an “Account-to-Account Transfer”); (5) purchase or lease goods or services wherever your Card is accepted, and 4 (6) pay bills directly from your Card Account in the amounts and on the days you request. Some of these services may not be available at all terminals. You may also use your Virtual Account to purchase or lease goods or services or make payments by telephone or online, without presenting your Card (see the section labeled “Virtual Account”). There may be fees associated with some of these transactions. For information about the fees, see the section labeled “Fee Schedule.” Limitations on frequency of transfers: For security reasons, we may limit the amount or number of transactions you can make with your Card or Virtual Account. You may make no more than 6 ATM cash withdrawals during any 24-hour period (referred to as a “Day”). Limitations on dollar amounts of transfers: (1) When using a registered Card, you may make a total of $940.00 in ATM withdrawals during a Day, but an individual ATM withdrawal may not exceed $325.00, subject to any lower limits imposed by the ATM owner-operator. (2) Any individual Over-the-Counter Cash Withdrawal, PIN-based, or signature-based purchase made with your Card or Virtual Account may not exceed $5,000.00. (3) Any transfers made through the use of third-party service providers (including, but not limited to bill payment service providers) will be subject to the frequency and dollar value limits established by the provider. To see the service provider’s terms of service agreement, please visit your online Account Center. (4) The maximum cumulative amount of value loads made at POS location(s) may not exceed $7,500.00 in a Day and may not exceed $15,000.00 in a thirty (30) Day period. (5) The maximum value of your Card Account is restricted to $15,000.00 at any point in time. However, we will review any electronic funds transfers made by Direct Deposit to your Card Account using the ACH method that may result in the value of your Card Account exceeding $15,000.00. If we determine the ACH transaction is valid, we may permit the maximum value of your Card Account to exceed $15,000.00. We will determine any maximum values by aggregating the activity and value of all Card Accounts you may have with us, whether you are a Primary Cardholder or a Secondary Cardholder. Account-to-Account Transfers from your Card Account to another NetSpend Card Account made by text message, using your online Account Center, or with the assistance of a Customer Service agent, are subject to these limits: Maximum transfer per transaction - $1,500.00 Maximum transfers per 24-hour period (also referred to as a “Day”) – four (4) transfers, totaling no more than $1,500.00 Maximum transfers per seven (7) Day period – ten (10) transfers, totaling no more than $2,500.00 Maximum transfers per thirty (30) Day period – forty (40) transfers, totaling no more than $3,500.00 The Account-to-Account Transfer limits described above are applied separately to outgoing and incoming transactions. The Account-to-Account Transfer limits described above may differ from the limits we may establish for additional transfer methods offered by us or through third-party service providers. Regardless of the transfer method used, outgoing Account-to-Account Transfers cannot exceed the balance of your Card Account and incoming Account-to-Account Transfers cannot exceed the balance limits of your Card Account(s) described above. Each time you use your Card or Virtual Account, you authorize us to reduce the value available in your Card Account by the amount of the transaction and any applicable fees. You may not exceed the available amount in your Card Account through an individual transaction or a series of transactions – unless we decide, in our sole discretion, to approve such transaction(s) because you have opted to participate in and have qualified for the Overdraft Protection Service. If you have not opted into and qualified for the Overdraft Protection Service (defined in more detail below), and any transaction(s) exceeds the balance of the funds available in your Card Account, you shall remain fully liable to us for the amount of the transaction(s) and any applicable transaction fee(s). You agree to pay us promptly for any negative balance created on your Card Account. If you have not added sufficient funds to your Card Account to cover any negative balance within sixty (60) days of its creation, we will have the right to cancel your Card Account and pursue collection, including the right to collect funds, equal to or less than the negative balance, from any other Card Account(s) you may have with us. In all instances described above, loads to your Card Account may be made via Direct Deposit or any of the other load methods described in this Agreement. 5 If you do not have enough funds available in your Card Account, you can instruct the Merchant to charge a part of the purchase to the Card and pay the remaining amount with cash or another card. These are called “split transactions.” Some Merchants do not allow cardholders to conduct split transactions. If you wish to conduct a split transaction and it is permitted by the Merchant, you must tell the Merchant to charge only the exact amount of funds available in your Card Account to the Card. You must then arrange to pay the difference using another payment method. Some Merchants may require payment for the remaining balance in cash. If you fail to inform the Merchant that you would like to complete a split transaction prior to swiping your Card, your Card is likely to be declined. If you use your Card at an automated fuel dispenser (“pay at the pump”), the purchase may be preauthorized for a transaction amount of up to $100.00 or more. If your Card is declined, even though you have sufficient funds available, you should pay for your purchase inside with the cashier. If you use your Card at a restaurant, a hotel, for a car rental purchase, or for similar purchases, the purchase may be preauthorized for a transaction amount representing the purchase amount plus up to 20% more to ensure there are sufficient funds available to cover tips or incidental expenses incurred. Any preauthorized amount will result in the placement of a “hold” on your available funds until the Merchant tells us the final payment amount of your purchase. Once we know the final payment amount, the preauthorized amount on hold will be removed. If the Merchant does not tell us the final payment amount, the preauthorized amount on hold will remain in place for up to thirty (30) days. During a hold period, you will not have access to the preauthorized amount. If you use your Card Number without presenting your Card (such as for a mail order, telephone, or Internet purchase), the legal effect will be the same as if you used the Card itself (see the section labeled “Virtual Account” for additional information about how to obtain and use a Virtual Account). You may not use your Card Number or the Issuer’s routing number and your assigned Account Number in connection with the creation and/or negotiation of any financial instruments such as checks, which we have not authorized. Your Card cannot be redeemed for cash. You may not use your Card or Virtual Account for online gambling or any illegal transaction. You do not have the right to stop payment on any purchase or payment transaction originated by use of your Card or Virtual Account, except as otherwise permitted in this Agreement. If you authorize a transaction and then fail to make a purchase of that item as planned, the approval may result in a hold (see the section labeled “Returns and Refunds,” in addition to previous information addressed in this section). Non-Visa Debit Transactions New procedures are in effect that may impact you when you use your Card at certain Merchant locations. In the past, transactions have been processed as Visa debit transactions unless you entered a PIN. Now, if you do not enter a PIN, transactions may be processed as either a Visa debit transaction or as a PULSE transaction. Merchants are responsible for and must provide you with a clear way of choosing to make a Visa debit transaction if they support the option. Please be advised that should you choose to use the PULSE network when making a transaction without a PIN, different terms may apply. Certain protections and rights applicable ONLY to Visa debit transactions as described in this Agreement will NOT apply to transactions processed on the PULSE network. Please refer to the section labeled “Your Liability for Unauthorized Transfers” for a description of these rights and protections applicable to Visa debit and non-Visa debit transactions. To initiate a Visa debit transaction at the POS, swipe your Card through the POS terminal, sign the receipt, or provide your Card Number for a mail order, telephone, or Internet purchase. To initiate a non-Visa debit transaction at the POS, enter your PIN at the POS terminal or provide your Card Number after clearly indicating a preference to route your transaction as a non-Visa debit transaction for certain bill payment, mail order, telephone, or Internet purchases. 6 VIRTUAL ACCOUNT To purchase or lease goods or services or make payments by telephone or online, without needing to provide your actual Card Number, you may request up to three (3) active Virtual Accounts. Each Virtual Account consists of a 16-digit account number, a 3-digit security code, and an expiration date. Each Virtual Account expires one year from the last day of the calendar month during which the Virtual Account was created. For example, if a Virtual Account is created on June 5, 2013, its expiration date is June 30, 2014. When you use your Virtual Account without presenting your Card, the legal effect will be the same as if you used the Card itself. You must first register your Card with us before you can request a Virtual Account (see the section labeled “Activation/Registration”). OPTIONAL OVERDRAFT PROTECTION The optional Overdraft Protection Service is described below. How the optional Overdraft Protection Service (the “Service”) Works: You generally do not have the right to make transactions or incur fees in amounts exceeding the balance of your Card Account; however, as a non-contractual courtesy, the Service is available on your Card Account if you elect to participate (i.e., opt-in) and you have met each of the activation and eligibility requirements described below. a. Activation and Eligibility To activate the Service on your Card Account you must take each of the following steps: (1) consent to the delivery of electronic communications and provide a valid email address so that we can contact you if you overdraw your Card Account (see the section labeled “Electronic Communications” for a description of what giving and withdrawing your consent means); (2) review and accept the terms pertaining to the Service; (3) enroll in the Service (i.e., opt-in); and (4) receive an ACH Deposit of at least $200.00 to your Card Account every thirty (30) days. The Service will be activated on your Card Account thirty-six (36) days after you receive your first ACH Deposit of at least $200.00 and you satisfy each of the steps described in this paragraph. ACH Deposits received prior to enrollment in the Service will be considered for the purpose of determining your eligibility for activation of the coverage. If you fail to receive an ACH Deposit of at least $200.00 every thirty (30) days, or your Card Account has a negative balance for more than thirty (30) days, the Service will be immediately deactivated. Your Card Account will remain open to receive credits and loads that will automatically be applied to your negative balance before they are available to you. If the Service is deactivated, you must retake each of the steps described in this paragraph in order to reactivate coverage. If your Card Account has a negative balance for more than thirty (30) days on three (3) separate occasions or on any one (1) occasion for more than sixty (60) days, the Service will be permanently deactivated. If your Card Account has a negative balance for more than sixty (60) days, we may also elect to close your Card Account at any time thereafter and retain the right to pursue collection of any amounts owed at our sole and absolute discretion. We will send you email notifications whenever (a) a transaction results in a negative balance in your Card Account; (b) an Overdraft Protection Service Fee is assessed (if applicable) (see section b. “Terms of Use” below, for details about the fee), and (c) the Service is activated or deactivated for your Card Account. If you delete your email address from our Cardholder records or withdraw your consent to receive electronic communications from us, the Service will be immediately deactivated. We cannot accept responsibility for any email messages not received by you, or for any delay in the receipt or delivery of any email notifications. If you make your email address available to any other individual, you agree that you are responsible for any release of any Card Account information to such individual. It is your sole responsibility to ensure that the email address you provide to us is current and accurate. We are not responsible for loss of messages and other consequences if you do not provide an accurate and current email address. 7 b. Terms of Use Your participation in the Service is subject to the terms of this Agreement and you may incur fees. The fees for the Service are described here, and in the section labeled “Fee Schedule.” The Overdraft Protection Service Fee (if applicable) is applied to certain transactions described below that result in a negative balance (“Overdraft(s)”) and is in addition to any other fees ordinarily applicable to a transaction. The Overdraft Protection Service Fee is $15.00 for each transaction that overdraws your Card Account by more than $10.00, up to a maximum of three (3) Overdraft Protection Service Fees per calendar month. Multiple Overdraft Protection Service Fees may be charged if multiple overdraft transactions are approved on the same day. Transactions are not always processed in the order in which you make them. This can affect your actual available balance and the total amount of Overdraft Protection Service Fees assessed to your Card Account. Transactions are processed in the order we receive them for settlement, except that multiple ACH debit transactions received on the same day are processed in order from smallest to largest. If you are enrolled in the Service and meet our eligibility requirements, we may authorize and pay Overdrafts resulting from PIN- and signature-based purchase transactions initiated using your Card or Virtual Account, telephone-initiated transfers, ATM transactions, and ACH debit transactions that you initiate or authorize someone else to initiate. Bill pay transactions initiated through the PayAnyone bill pay service are not eligible for coverage. It is important to keep track of the value in your Card Account because it will be your responsibility to determine if you have overdrawn your Card Account balance, the day and time the Overdraft occurred, and the amount of any Overdraft that is approved. Once your Card Account has an overdrawn balance greater than $10.00, you will have twenty-four (24) hours to reload your Card Account with funds sufficient to bring your Card Account to a zero or positive balance without incurring any Overdraft Protection Service Fee(s) (“Grace Period”). If you fail to bring your Card Account back to a zero or positive balance within 24 hours from the time of the first transaction causing an overdrawn balance greater than $10.00, you will incur an Overdraft Protection Service Fee for each transaction approved after your Card Account balance was greater than $10.00 overdrawn, subject to the limitations described here. You will receive an email (and an SMS text message if you are enrolled in Anytime Alerts™) notifying you when an Overdraft occurs. We will tell you where and when the transaction occurred and its amount. If the Overdraft was the first transaction to cause an overdrawn balance greater than $10.00, we will also tell you when the Grace Period ends for the purpose of avoiding payment of the Overdraft Protection Service Fee(s). You agree that within thirty (30) days of any Overdraft occurrence on your Card Account you will add funds sufficient to bring your Card Account to a zero or positive balance, or that you will immediately pay such amount(s) to us in full upon demand. The Service is offered in our sole and absolute discretion as a non-contractual courtesy to you, and as such, we may elect to deactivate the Service for your Card Account at any time, refuse to authorize any transaction that exceeds your Card Account balance, modify eligibility or activation requirements, modify or change the Service Fee, limits, or any other aspect of the Service, and/or terminate the Service in its entirety at any time. Once you have opted-in to the Service, you may opt-out at any time online or by calling 1-866-226-1551 during normal Customer Service hours. To see the hours of operation, refer to the section labeled “Customer Service.” Should you choose to opt-out of the Service you remain responsible for any negative balance(s) in your Card Account and agree that any credits or loads made to your Card Account will be used to offset the value of the negative balance(s), if any. You acknowledge that your participation in the Service and the settlement by us of any transactions exceeding your available Card Account balance does not constitute a contractual open-end line of credit. Our authorization or settlement of any transaction on one or more occasions does not obligate us to authorize or settle future transactions. We may refuse the authorization or settlement of any transaction for you at any time. We have no obligation to notify you before we approve or decline a transaction that would result in an Overdraft in your Card Account. Preauthorized Debits and Credits Your assigned Account Number and the Issuer’s bank routing number can be used for arranging both direct deposits and recurring payments to merchants, internet service or other utility 8 providers (“Merchants”). You may also arrange for recurring payments to Merchants using your Card Number or the bill pay services made available through our third party service providers. If you have arranged to have Direct Deposits made to your Card Account at least once every sixty (60) days from the same person or company, you can call us at 1-866-226-1551 to find out whether or not the deposit has been made. There is a fee when calling a Customer Service Agent for the sole purpose of making a balance inquiry. For information about the fee, see the section labeled “Fee Schedule.” Right to Stop Payment and Procedure for Doing So: If you have told a Merchant in advance to make regular payments out of your Card Account and you wish to cancel these payments; OR, If you have told the bill pay services available through our third party service providers in advance to make regular payments out of your Card Account and you wish to cancel those payments, you can stop any of these types of preauthorized payments. Here’s how: 1) To avoid paying the “Stop Payment Fee,” you should attempt to contact the Merchant or the third party service provider to cancel the recurring payment(s); or Call us at 1-866-226-1551 or write us at: NetSpend, P.O. Box 2136, Austin, TX 78768-2136, in time for us to receive your request 3 business days or more before the payment is scheduled to be made. If you call, we may also require you to put your request in writing and get it to us within 14 days after you call. There is a fee associated with each stop payment order you give. For information about the fee, see the section labeled “Fee Schedule.” Notice of Varying Amounts: If these regular payments may vary in amount, the person you are going to pay will tell you, 10 days before each payment, when it will be made and how much it will be. (You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set.) Liability for Failure to Stop Payment of Preauthorized Transfer: If you order us to stop a preauthorized payment three (3) business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages. Fraudulent or Criminal Card Account or Virtual Account Activity We reserve the right to block or cancel your Card Account or Virtual Account if, as a result of our policies and processes we detect what we reasonably believe to be fraudulent, suspicious or criminal activity or any activity that is inconsistent with this Agreement. We will incur no liability to you because of the unavailability of the funds that may be associated with your Card Account and/or Virtual Account. Returns and Refunds If you are entitled to a refund for any reason for goods or services obtained with your Card or Virtual Account, you agree to accept credits to your Card Account for such refunds and agree to the refund policy of that Merchant. If you have a problem with a purchase that you made with your Card or Virtual Account, or if you have a dispute with the Merchant, you must attempt to handle it directly with the Merchant. There may be a delay of up to five (5) days or more from the date the refund transaction occurs until the date the refund amount is credited to your Card Account. Card Replacement If you need to replace your Card for any reason, please contact us at 1-866-226-1551 to request a replacement Card. You will be required to provide personal information which may include your Card Number, full name, transaction history, and similar information to help us verify your identity. There is a fee for replacing your Card. For information about the fee, see the section labeled “Fee Schedule.” 9 TRANSACTIONS Made in Foreign Currencies AND/OR WITH MERCHANTS LOCATED IN foreign countries A. If you obtain funds or make a purchase in a currency other than the currency in which your Card Account was issued, the amount deducted from your funds will be converted by the network or card association (example: Visa U.S.A. Inc.) that processes the transaction into an amount in the currency of your Card Account. The networks and card associations currently use a conversion rate that is either: (i) selected from the range of rates available in wholesale currency markets (this may vary from the rate the network or association itself receives) or (ii) the government-mandated rate in effect for the applicable central processing date. This percentage amount is independent of any amount taken by the Issuer in accordance with this Agreement. B. If you obtain funds or make a purchase in a currency other than the currency in which your Card Account was issued, or conduct a transaction with a Merchant located outside the U.S., Puerto Rico, the U. S. Virgin Islands, Guam, or the Marianas Islands, the Issuer will deduct a 3.5% transaction fee (“Foreign Transaction Fee”) based on the amount of the transaction, in the currency of your Card Account. The Issuer will retain this fee as compensation for its services. Receipts You should get a receipt at the time you make a transaction using your Card or Virtual Account. You agree to retain, verify, and reconcile your transactions and receipts. You can get a receipt at the time you make any transfer from your Card Account using one of our ATM terminals. Card Account Balance/Periodic Statements You are responsible for keeping track of the available balance of your Card Account. Merchants generally will not be able to determine your available balance. It’s important to know your available balance before making any transaction. You may determine your available balance by accessing your Card Account online at www.gowithpurpose.com; by enrolling in the Anytime Alerts SMS service; or by calling 1-866-226-1551 (there will be a fee if you call and speak with a Customer Service Agent for the sole purpose of making a balance inquiry). A sixty (60) day history of account transactions is available free of charge at www.gowithpurpose.com. Statements in electronic format will also be made available free of charge at www.gowithpurpose. com for each month in which a transaction occurs. You will not automatically receive paper statements. You have the right to obtain a sixty (60) day written history of account transactions by calling-1-866-226-1551 or by writing to us at NetSpend, P.O. Box 2136, Austin, TX 78768-2136. There is a fee for obtaining a written history. For information about each of the fees described in this section, see the section labeled “Fee Schedule.” Confidentiality We may disclose information to third parties about your Card Account or the transactions you make: 1) Where it is necessary for completing transactions; 2) In order to verify the existence and condition of your Card or Virtual Account for a third party, such as a merchant; 3) In order to comply with government agency or court orders, or other legal reporting requirements; 4) f you give us your written permission; or 5) To our employees, auditors, affiliates, service providers, or attorneys, as needed. Our Liability for Failure to Complete Transactions If we do not properly complete a transaction to or from your Card Account on time or in the correct amount according to our Agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance: 1) If through no fault of ours, you do not have enough funds available in your Card Account to complete the transaction; 10 2) 3) 4) 5) 6) 7) 8) If a merchant refuses to accept your Card or Virtual Account; If an ATM where you are making a cash withdrawal does not have enough cash; If an electronic terminal where you are making a transaction does not operate properly, and you knew about the problem when you initiated the transaction; If access to your Card Account has been blocked after you reported your Card, Virtual Account or PIN lost or stolen; If there is a hold or your funds are subject to legal process or other encumbrance restricting their use; If we have reason to believe the requested transaction is unauthorized; If circumstances beyond our control (such as fire, flood, or computer or communication failure) prevent the completion of the transaction, despite reasonable precautions that we have taken; or 9) Any other exception stated in our Agreement with you. Information About Your Right to Dispute Errors In case of errors or questions about your Card Account, telephone us at 1-866-226-1551, write to us at NetSpend, P.O. Box 2136, Austin, TX 78768-2136, or email us at customerservice@ netspend.com as soon as you can, if you think an error has occurred in your Card Account. We must allow you to report an error until sixty (60) days after the earlier of the date you electronically access your Card Account, if the error could be viewed in your electronic history, or the date we sent the FIRST written history on which the error appeared. You may request a written history of your transactions at any time by calling us at 1-866-226-1551 or writing to us at NetSpend, P.O. Box 2136, Austin, TX 78768-2136. You will need to tell us: 1) Your name and Card Number. 2) Why you believe there is an error, and the dollar amount involved. 3) Approximately when the error took place. If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) business days. We will determine whether an error occurred within ten (10) business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to fortyfive (45) days to investigate your complaint or question. If we decide to do this, we will credit your Card Account within ten (10) business days for the amount you think is in error, so that you will have the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) business days, we may not credit your Card Account. For errors involving new Card Accounts, POS transactions, or foreign-initiated transactions, we may take up to ninety (90) days to investigate your complaint or question. For new Card Accounts, we may take up to twenty (20) business days to credit your Card Account for the amount you think is in error. We will tell you the results within three (3) business days after completing the investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation. If you need more information about our error-resolution procedures, call us at 1-866-226-1551 or visit gowithpurpose.com. Lost or Stolen Cards/Unauthorized Transfers If you believe your Card, Virtual Account or PIN has been lost or stolen, call 1-866-226-1551 or write to: NetSpend, P.O. Box 2136, Austin, TX 78768-2136. You should also call the number or write to the address shown here if you believe an electronic fund transfer has been made using the information from your Card, Virtual Account or PIN without your permission. 11 Your Liability for Unauthorized Transfers Tell us AT ONCE if you believe your Card, Virtual Account or PIN has been lost or stolen, or if you believe that an electronic funds transfer has been made without your permission. Telephoning us at 1-866-226-1551 is the best way of keeping your possible losses down. You could lose all the money in your Card Account. Under Visa Rules, your liability for unauthorized Visa debit transactions on your Card Account is $0.00 if you notify us within two (2) business days and you are not grossly negligent or fraudulent in the handling of your Card, PIN or Virtual Account. This reduced liability does not apply to PIN transactions not processed by Visa or ATM cash withdrawals. If you tell us within two (2) business days after you learn of the loss or theft of your Card, Virtual Account or PIN, you can lose no more than $50.00 if someone used your Card, Virtual Account or PIN without your permission. If you do NOT tell us within two (2) business days after you learn of the loss or theft of your Card, Virtual Account or PIN and we can prove that we could have stopped someone from using your Card, Virtual Account or PIN without your permission if you had promptly notified us, you could lose as much as $500.00. If your Card or PIN has been lost or stolen, we may deactivate your Card and issue you a new Card to keep losses down. Also, if you become aware of and/or your electronic history shows transactions that you did not make, including those made by your Card or other means, notify us at once following the procedures stated in the section labeled “Information About Your Right to Dispute Errors” appearing above. If you do not tell us within 60 days of the earlier of the date you electronically access your account, if the unauthorized transaction could be viewed in your electronic history, or the date we sent the FIRST written history on which the unauthorized transfer appeared, you may not get back any money you lost after the sixty (60) days if we can prove that we could have stopped someone from taking the money if you had notified us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods. Miscellaneous Your Card Account and your obligations under this Agreement may not be assigned. We may transfer our rights under this Agreement. Use of your Card or Virtual Account is subject to all applicable rules and customs of any clearinghouse or other network or association involved in transactions. We do not waive our rights by delaying or failing to exercise them at anytime. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, local, state, or federal, the validity or enforceability of any other provision of this Agreement shall not be affected. This Agreement will be governed by the laws of the State of South Dakota except to the extent governed by federal law. Amendment and Cancellation We may (a) amend or change the terms and conditions of this Agreement or (b) cancel or suspend your Card Account or this Agreement at any time without prior notice to you except as required by applicable law. You may cancel this Agreement by returning the Card (if applicable) to us. Your termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to termination. In the event your Card Account is cancelled, closed, or terminated for any reason, so long as you used your Card Account in accordance with the terms of this Agreement, you may request the unused balance to be returned to you via a check to the mailing address we have in our records. Unless you are eligible for receipt of “Excess Funds,” as described in the section labeled, “Activation/Registration,” there is a fee for this service. For information about the fee, see the section labeled “Fee Schedule.” The Issuer reserves the right to refuse to return any unused balance amount less than $1.00. We will comply with unclaimed property laws and appropriately engage in escheatment activities as required by state law. Electronic Communications If you have not consented to receiving electronic communications from us but would like to do so, please visit us online at www.gowithpurpose.com. 12 IF YOU WISH TO PARTICIPATE IN THE OPTIONAL OVERDRAFT PROTECTION SERVICE YOU MUST CONSENT TO RECEIVE COMMUNICATIONS FROM US IN ELECTRONIC FORM THROUGHOUT THE ENTIRE DURATION OF YOUR PARTICIPATION IN THE OVERDRAFT PROTECTION SERVICE. IF YOU WITHDRAW YOUR CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM, YOUR PARTICIPATION IN THE OVERDRAFT PROTECTION SERVICE WILL BE IMMEDIATELY DEACTIVATED, BUT YOU WILL REMAIN LIABLE TO US FOR ANY NEGATIVE BALANCE, INCLUDING FEES, INCURRED. Customer Service For customer service or additional information regarding your Card Account, please contact us at: NetSpend P.O. Box 2136 Austin, Texas 78768-2136 1-866-226-1551 www.gowithpurpose.com Customer Service agents are available to answer your calls: Monday through Friday, 8 a.m. to 10 p.m. CT Saturday and Sunday, 8 a.m. to 8 p.m. CT, excluding holidays. There is a fee when calling a Customer Service Agent for the sole purpose of making a balance inquiry. For information about the fee, see the section labeled “Fee Schedule.” Telephone Monitoring/Recording From time to time we may monitor and/or record telephone calls between you and us to assure the quality of our customer service or as required by applicable law. No Warranty Regarding Goods and Services We are not responsible for the quality, safety, legality, or any other aspect of any goods or services you purchase with your Card or Virtual Account. Arbitration Purpose: This Arbitration Provision sets forth the circumstances and procedures under which claims (as defined below) may be arbitrated instead of litigated in court. Definitions: As used in this Arbitration Provision the term “Claim” means any claim, dispute or controversy between you and us arising from or relating to the Card Account or this Agreement as well as any related or prior agreement that you may have had with us or the relationships resulting from this Agreement, including the validity, enforceability or scope of this Arbitration Provision or the Agreements. “Claim” includes claims of every kind and nature, including but not limited to initial claims, counterclaims, cross-claims and third-party claims and claims based upon contract, tort, fraud and other intentional torts, statutes, regulations, common law and equity. The term “Claim” is to be given the broadest possible meaning that will be enforced and includes, by way of example and without limitation, any claim, dispute or controversy that arises from or relates to (i) your Card Account; (ii) the amount of available funds in your Card Account; (iii) advertisements, promotions or oral or written statements related to your Card Account, or goods or services purchased with your Card or Virtual Account; (iv) the benefits and services related to your Card Account; and (v) your enrollment for any Card or Virtual Account. We shall not elect to use arbitration under the Arbitration Provision for any Claim that you properly file and pursue in a small claims court of your state or municipality so long as the Claim is individual and pending only in the court. 13 As used in the Arbitration Provision, the terms “we” and “us” shall for all purposes mean the Issuer, wholly or majority owned subsidiaries, affiliates, licensees, predecessors, successors, and assigns; and all of their agents, employees, directors and representatives. In addition, “we” or “us” shall include any third party using or providing any product, service or benefit in connection with any Card Accounts (including, but not limited to merchants who accept the Card or Virtual Account, third parties who use or provide services, debt collectors and all of their agents, employees, directors and representatives) if, and only if, such third party is named as a co-party with us (or files a Claim with or against us) in connection with a Claim asserted by you. As solely used in this Arbitration Provision, the terms “you” or “yours” shall mean all persons or entities approved by us to have and/or use a Card, including but not limited to all persons or entities contractually obligated under any of the Agreements and all additional Cardholders. Initiation of Arbitration Proceeding/Selection of Administrator: Any Claim shall be resolved, upon the election by you or us, by arbitration pursuant to this Arbitration Provision and the code of procedures of the national arbitration organization to which the Claim is referred in effect at the time the Claim is filed. Claims shall be referred to either the Judicial Arbitration and Mediation Services (“JAMS”) or the American Arbitration Association (“AAA”), as selected by the party electing to use arbitration. If a selection by us of one of these organizations is unacceptable to you, you shall have the right within 30 days after you receive notice of our election to select the other organization listed to serve as arbitrator administrator. For a copy of the procedures, to file a Claim or for other information about these organizations, contact them as follows: (i) JAMS at 1920 Main Street, Suite 300, Los Angeles, CA 92614; website at www.jamsadr. com; or (ii) AAA at 335 Madison Avenue, New York, NY 10017; website at www.adr.org. Significance of Arbitration: IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM, OR TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED FOR IN THE CODE OF PROCEDURES OF JAMS OR AAA, AS APPLICABLE (THE “CODE”). FURTHER, YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. EXCEPT AS SET FORTH BELOW, THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. NOTE THAT OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. Restrictions on Arbitration: If either party elects to resolve a Claim by arbitration, that Claim shall be arbitrated on an individual basis. There shall be no right or authority for any Claims to be arbitrated on a class action basis or on bases involving Claims brought in a purported representative capacity on behalf of the general public, other Cardholders or other persons similarly situated. The arbitrator’s authority to resolve Claims is limited to Claims between you and us alone, and the arbitrator’s authority to make awards is limited to you and us alone. Furthermore, Claims brought by you against us or by us against you may not be joined or consolidated in arbitration with Claims brought by or against someone other than you, unless otherwise agreed to in writing by all parties. Location of Arbitration/Payment of Fees: Any arbitration hearing that you attend shall take place in the federal judicial district of your residence. At your written request, we will consider in good faith making a temporary advance of all or part of the filing, administrative and/or hearing fees for any Claim you initiate as to which you or we seek arbitration. At the conclusion of the arbitration (or any appeal thereof), the arbitrator (or panel) will decide who will ultimately be responsible for paying the filing, administrative and/or hearing fees in connection with the arbitration (or appeal). If and to the extent you incur filing, administrative and/or hearing fees in arbitration, including for any appeal, exceeding the amount they would have been if the Claim had been brought in the state or federal court which is closest to the mailing address we have in our records and would have had jurisdiction over the Claim, we will reimburse you to that extent unless the arbitrator (or panel) determines that the fees were incurred without any substantial justification. Arbitration Procedures: This Arbitration Provision is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16, as it may be amended (the “FAA”). The arbitration shall be governed by the applicable Code, except that (to the extent enforceable under the FAA) this Arbitration Provision shall control if it is inconsistent with the applicable Code. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. In conducting the arbitration proceeding, the arbitrator shall not 14 apply the Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the requesting party, within fifteen (15) days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within twenty (20) days of the objecting party’s submission. The arbitrator shall take reasonable steps to preserve the privacy of individuals, and of business matters. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the FAA. However, any party can appeal that award to a three-arbitrator panel administered by the same arbitration organization, which shall consider anew any aspect of the initial award objected to by the appealing party. The appealing party shall have thirty (30) days from the date of entry of the written arbitration award to notify the arbitration organization that it is exercising the right of appeal. The appeal shall be filed with the arbitration organization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel which will conduct arbitration pursuant to its Code and issue its decision within one hundred twenty (120) days of the date of the appellant’s written notice. The decision of the panel shall be by majority vote and shall be final and binding. Continuation: This Arbitration Provision shall survive termination of your Card Account as well as voluntary payment of any debt in full by you, any legal proceeding by us to collect a debt owed by you, and any bankruptcy by you or us. If any portion of this Arbitration Provision is deemed invalid or unenforceable under any principle or provision of law or equity, consistent with the FAA, it shall not invalidate the remaining portions of this Arbitration Provision, the Agreement or any prior agreements you may have had with us, each of which shall be enforceable regardless of such invalidity. Fee Schedule All fees will be withdrawn from your Card Account and will be assessed as long as there is a remaining balance on your Card Account, except where prohibited by law. Any time your remaining Card Account balance is less than the fee amount being assessed, the balance of your Card Account will be applied to the fee amount. Cost to Open Account/Card Purchase Fee: Fee will be determined and assessed by operator of retail location. In no event will the fee exceed $4.98. Refund Policy: The Card Purchase Fee is not refundable. Please call Customer Service with questions about our refund policy. Three Purchase Fee Plan Options: Pay-As-You-GoSM Plan* Plan Fee None. Signature PurchaseTransaction Fee*** PIN PurchaseTransaction Fee*** $1.00 each. $2.00 each. 3.5% of the U.S. Dollar amount of the purchase transaction. ForeignTransaction Fee Monthly Plan $7.98 per month, to be billed to the Card Account on the same day each calendar month. Included in Plan. Included in Plan. 3.5% of the U.S. Dollar amount of the purchase transaction. Annual Plan** $59.98 per year, to be billed to the Card Account on the same day each calendar year. Included in Plan. Included in Plan. 3.5% of the U.S. Dollar amount of the purchase transaction. * This Purchase Fee Plan is automatically effective on your Card Account when you first obtain the Card. If you wish to change to another Purchase Fee Plan, call 1-866-226-1551 or visit www.gowithpurpose.com. **No portion of the Annual Plan Fee is refunded if you close your Card Account prior to the end of the year covered by the fee. ***During checkout, select “CREDIT” on the keypad to make a Signature Purchase, or select “DEBIT” and enter your PIN to make a PIN Purchase. 15 Withdraw Cash (See our tip on how to avoid ATM fees below) Over the Counter Cash Withdrawal Fee at a financial institution A fee may be assessed by the financial institution and may vary from location to location. A Foreign Transaction Fee may (also referred to as the “OTC Fee”) apply. Over the Counter Cash Withdrawal Fee at a NetSpend Reload Fee may be assessed by reload location and may vary from location to location. Service not available in all reload locations. Network location (also referred to as the “OTC Fee”) Domestic ATM Cash Withdrawal Fee $2.50 per withdrawal, plus ATM owner fees, if any. International ATM Cash Withdrawal Fee $4.95 per withdrawal, plus the Foreign Transaction Fee, and ATM owner fees, if any. Foreign Transaction Fee 3.5% of the U.S. Dollar amount of the cash withdrawal. ATM Transaction Decline Fee $1.00 each. Tip to avoid ATM fees: Select “DEBIT” and enter your PIN to get cash back when making purchases at many retailers, such as grocery stores. Add Money To Your Account: Direct Deposit Fee None. Fee to add cash or check proceeds at a NetSpend Reload Network Fee may be assessed by reload location and may vary from location to location. location Visit your online Account Center to learn how to transfer funds to your Card from another bank account using a bank debit Bank Transfer Fee card or account number. Fees are determined and may be charged to the transferor’s bank account by the service provider or origination bank. Account-to-Account Transfer Fee via website or text message None; standard text message rates may apply. Account-to-Account Transfer Fee via Customer Service agent $4.95 each. Manage Your Account: Balance Inquiry Fee Check Request Fee Additional Statement Mailing Fee Additional Card Fee Lost, Stolen or Damaged Card Replacement Fee None when using online Account Center. None when using Anytime Alerts text or email message; standard text message rates may apply. None when using telephone automated service. $0.50 each when speaking with a Customer Service agent. $0.50 each via ATM, plus ATM owner fees, if any. $5.95 each. $5.95 each. $4.95 each. $4.95 each. 16 Account Maintenance Fee (also referred to as the “Account Inactivity Fee”) $5.95 per month (Fee applies if Card Account has not had any activity, that is, no purchases; no cash withdrawals; no load transactions; or no Balance Inquiry Fee for 90 days.) If enrolled in a Plan and your Card Account has had no activity as described above, this fee applies (a) instead of the Monthly Plan Fee, or (b) if the Annual Plan Fee was paid. Make Payments: Bill Payment Fee ACH Debit/ Preauthorized Payment Transaction Decline Fee Stop Payment Fee for ACH Debit/Preauthorized Payment Transactions In addition to the one or more no-cost bill payment methods made available through third-party service providers, you can see a full range of options, including ACH Debit/ Preauthorized Payment Transactions, and the applicable fees in your online Account Center. Fees are determined and assessed by third-party service providers. $1.00 for each such declined transaction. $10.00 each. Optional Features: Custom Card Fee $4.95 per custom card, if available. Overdraft Protection Service Fee (This optional service has Cardholder activation and eligibility requirements.) $15.00 per Overdraft occurrence (maximum of 3 fees per calendar month). Refunds are at par. This Cardholder Agreement is effective November 4, 2013. This Card Account is issued by MetaBank; Member FDIC 5501 S. Broadband Lane Sioux Falls, SD 57108 1-866-226-1551 www.gowithpurpose.com Certain products and services provided by and through NetSpend are licensed in whole or in part from Alexsam, Inc., and are covered by patents set forth at www.netspend.com/licensedpatentinfo 17 Purpose - Meta - Visa - ODP - Eng - 04Nov13
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